November 5, 2014

Surveillance powers to remove legal ambiguities

Massey University security studies lecturer Dr Rhys Ball says proposed legislative changes to allow the SIS emergency surveillance powers are not “big ticket items” in the overall context of New Zealand’s security environment.

Prime Minister John Key today announced the SIS would be given emergency surveillance powers in urgent security situations for no more than 48 hours while paperwork preparing the full warrant was carried out.

Dr Ball, who is a former intelligence officer, says the Government wants to be in a position to act quickly should a threatening situation arise or they become aware of individuals or groups deemed to be a threat to national security.

“To a certain extent I think they are future proofing SIS legislation with the way in which the current threats are manifesting themselves and likely to manifest themselves in the next short period of time.”

Dr Ball, from the Centre for Defence and Security Studies, says the changes reflect a realisation that Government actions carried out in the past, and those they want to now propose, are not covered by existing legislation.

As with amendments last year to legislation governing the activities of the Government Communications Security Bureau, Dr Ball says the changes are aimed at removing any ambiguity with interpretation of the law.

“They want to be able to move quite quickly at short notice within a legal framework and an acceptable set of legal standards.”

Dr Ball, who is based at Massey University’s Palmerston North campus, described the proposed amendments as “little changes.”

“I think the Government and the intelligence community are going to great lengths and pains to ensure that anything that is introduced, that could conceivably indicate an increase in powers, is at the same time covered by acceptable layers of oversight to ensure that it is not abused.”

ENDS

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